What happens if your job overpays you
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Even if the employer proves its case, that the worker was indeed overpaid, "under no circumstances can an employer reduce an employee's wages below minimum wage here in California," England says. So if you think that the National Guard horror story couldn't happen to you, you might want to check up on your state's labor laws.
Defense Secretary Carter called for a suspension of the debt collection, but not forgiveness. Appeals will be considered on a case-by-case basis, and thousands of vets may still be on the hook.
Sign up for our Newsletter! Mobile Newsletter banner close. Mobile Newsletter chat close. Mobile Newsletter chat dots. Mobile Newsletter chat avatar. Mobile Newsletter chat subscribe. Under federal law, you do have to give back an improperly received bonus. Yes, if you are overpaid, your employer has the legal right to take back the full amount. What happens if your employer accidentally overpays you? The Federal Labor Standards Act FLSA gives legal rights to every company in the state to take back an overpayment from an employee, no matter the consequences.
Can an ex-employer claim overpaid wages? If the entire overpayment is more than that amount, the employer should discuss a repayment schedule with the employee before the next wage payment. If you will be recovering the overpayment in other circumstances you must provide three weeks notification. This notice must include the amount of the overpayment, in total and per pay period, the total amount to be deducted per pay period and the dates of the deduction s , and let the employee know that they may contest the recovery of the overpayment and the procedure for doing so.
The employer must provide the employee with a written response identifying the overpayments and provide the employee an opportunity to meet to discuss the issue. Finally, the employer must provide a written final determination. Should an employee still dispute the recovery of the overpayment after the employer goes through the procedures above, the employer must not make the deductions to the wages until three weeks after the final determination.
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